Contents

Profiles

At the time of his nomination June 23, 2005, Nakayama was serving as a "Partner for Environmental Law and Product Safety at Kirkland & Ellis, LLP in Washington, DC. In addition, he is an adjunct professor at George Mason University School of Law, where he teaches environmental law. He previously served as Chief of Quality Control for Welding and Nondestructive Testing Branch of the Naval Nuclear Propulsion Program for the United States Navy. Prior to this position, Mr. Nakayama served as Chief Engineer for Nuclear Core Manufacturing for the Naval Nuclear Propulsion Program. Mr. Nakayama earned his bachelor's and master's degree from the Massachusetts Institute of Technology and his J.D. from George Mason University."

Grounds for Controversy

Charles Pope, Washington Correspondent for the Seattle Post-Intelligencer, wrote June 25, 2005, that "Selecting a lawyer and an engineer with one of the nation's largest corporate law firms, whose clients have deep and occasionally controversial relations with the EPA, triggered concerns that Nakayama would not be able to aggressively enforce environmental laws." In 2002, Eric Schaeffer resigned from the position "because he believed the agency wasn't aggressive enough in enforcing environmental standards." [5]

"W.R. Grace, which is under federal criminal indictment on charges related to the operation of its vermiculite mine in Libby, Mont. Hundreds of workers and Libby residents contracted lethal asbestos-related disease -- a situation that gained national attention after a Seattle Post-Intelligencer series in 1999."

"'Given the criminal indictment against W.R. Grace, Mr. Nakayama's potential conflict of interest deserves special examination during the confirmation process in the Senate,' said Ken Cook, president of the Environmental Working Group, a Washington, D.C., research organization that has done extensive work on asbestos-related illness."

Sen. Patty Murray, D-Wash., expressed concern about the nomination. ... 'This appointment is just the latest in a series of moves that calls into question this administration's commitment to protecting our environment, our natural resources and the health and well-being of all Americans,' said Murray, who has aggressively pushed legislation to ban asbestos."

Qualifications

"As the EPA's chief enforcer, Nakayama would be responsible for ensuring that companies, communities and individuals adhere to laws protecting air and water and ensure that waste is properly processed and handled.

"In that respect," Pope wrote, "Nakayama is well qualified. In 10 years with Kirkland & Ellis and as a practicing engineer, he represented companies whose products or services were regulated by the EPA and by state agencies." [6]